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South Africa decisions
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S v Matodzi (Sentence) (CC34/2024) [2024] ZAGPPHC 746 (10 July 2024)
The High Court sentenced Tshifhiwa Calvin Matodzi to 15 years’ imprisonment in a VBS-related fraud matter, accepting a plea and sentence agreement and declining a firearm disqualification.
V.D.M v S (CA 39/2021) [2024] ZANWHC 77 (15 March 2024)
The High Court dismissed an appeal against life sentences for two counts of rape of minors, holding there were no substantial and compelling circumstances.
William and Another v S (A064/2019) [2023] ZAGPJHC 1346 (20 November 2023)
The High Court dismissed an appeal against sentence for multiple motor vehicle thefts, confirming effective 10-year sentences and finding no misdirection.
Smith v S (A27/2023) [2023] ZAGPJHC 1001; 2023 (2) SACR 547 (GJ) (8 September 2023)
The High Court found that the trial court misdirected itself by placing undue emphasis on rhino poaching and the illicit trade in rhino horns, when the appellant was charged solely with theft. The trial court's approach was impermissible, as it considered aggravating factors irrelevant to the charge. The sentence of fifteen years' imprisonment was disturbingly inappropriate, especially given the appellant's status as a first offender, his family circumstances, and the recommendations for a non-custodial sentence. Comparative case law indicated that sentences for theft involving abuse of trust…
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Francis v The State (1301/2021) [2023] ZASCA 30 (28 March 2023)
The Supreme Court of Appeal held that the trial court did not misdirect itself in finding no substantial and compelling circumstances to justify a lesser sentence than the prescribed minimum. The appellant's personal circumstances, including being a first offender, time spent in custody, and positive community contributions, were not unusual and did not outweigh the aggravating factors. As a police officer, the appellant abused his position of trust and contributed to the drug problem he was employed to combat. The lack of remorse further indicated an absence of rehabilitation prospects. The…
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S v Merile [2021] ZAECBHC 7 (11 May 2021)
The magistrate misdirected himself by imposing a sentence of 22 years imprisonment on count 2, instead of the prescribed minimum of life imprisonment, without recording substantial and compelling circumstances. The appellant's advanced age and status as a pastor do not constitute substantial and compelling circumstances justifying a lesser sentence. The abuse of trust inherent in the rape of a minor by her biological father aggravates the offence. The appeal court is empowered to set aside the incompetent sentence and substitute it with the appropriate minimum sentence prescribed by law. The…
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Mosikare v S (A137/2018) [2019] ZAGPPHC 391 (16 August 2019)
The High Court dismissed an appeal against sentence for rape of a child and substituted the regional court’s sentence with life imprisonment.
Marais v S (A04/2019) [2019] ZAGPJHC 305 (28 June 2019)
Appeal against a seven-year sentence for theft dismissed. The High Court found no misdirection in the trial court’s sentencing and held the term was not shockingly inappropriate.
S v April (CC32/2017) [2018] ZAECPEHC 10 (2 March 2018)
The High Court sentenced Simphiwe April to five years’ imprisonment for consensual sexual intercourse with a 13-year-old child under section 15 of SORMA.
Bezuidenhout en S (A532/2014) [2016] ZAGPPHC 1161 (23 November 2016)
Appeal against conviction on theft counts dismissed, but the 15-year sentence on count 2 was set aside and replaced with 5 years.
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